Rep. Lofgren: A Real Antitrust Issue That Needs Scrutiny Is Copyright

from the about-time... dept

We talk here quite frequently about the fact that copyright (and patents) are gov't granted monopolies, and should be watched carefully because of that. Historically, economically speaking, gov't granted monopolies are bad for innovation and the economy. However, over the last few decades, there's been a big push by those who benefit from monopoly rents to try to redefine them as "intellectual property" rather than the more accurate description as a gov't granted monopoly. For the most part, our elected officials have bought into that language shift. Could that finally be changing back to a recognition that copyrights are monopolies and deserve the same scrutiny as any other economic monopoly? Today we saw a small move in that direction with a Congressional Rep admitting that copyrights are a monopoly and deserve scrutiny from the Judicial Dept. for that very reason.

I'm at the always-excellent State of the Net West event today, and the second discussion is about Antitrust in the Internet Era, and the discussion was introduced and led by Congresswoman Zoe Lofgren, who had a number of surprising (in a good way) remarks. On traditional antitrust issues, she's worried that antitrust actions aren't being used to stop anti-competitive behavior but for anti-competitive purposes. She notes that many in Congress don't really understand the purpose and reasoning behind antitrust and assume that dominance or marketshare automatically means there's an antitrust problem. And, of course, there is the problem of regulatory capture. So, she notes that you'll see elected officials basically read out talking points on antitrust issues from competitors -- rather than actually looking at whether or not there's real harm to the market. So, she suggests that the framework for antitrust issues should be looking at innovation and whether or not that's happening or is being hindered. Of course, the cynical out there (you know who you are) might suggest that these sound sorta like Google's talking points... Either way, she says she's trying to set up a seminar for the Judiciary Committee about antitrust, to get them better educated about the real issues related to antitrust, and that seems like a good thing.

However, much more interesting and unexpected were her brief comments at the end of her remarks, where she took on copyright, noting that it is a gov't granted monopoly that deserves antitrust scrutiny. She said, "Let's face it, copyright extension these days is 'limited' to the life of Mickey Mouse." And yes, there was sarcasm in her voice over the word "limited." The guy sitting next to me who works at Disney started shuffling uncomfortably.... Lofgren went on to say that copyright is being used to put up barriers to competition and innovation and is an issue that antitrust regulators really should be scrutinizing. This is really surprising, but really good to hear. Lofgren has been one of the (very) few elected officials who actually does "get" copyright issues, but this is the first time I've heard any elected official recognize that copyright is a monopoly/antitrust issue that deserves serious scrutiny for the way it's so frequently abused for anticompetitive purposes.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: anticompetitive, antitrust, copyright, monopoly, zoe lofgren


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. icon
    Sheogorath (profile), 7 Sep 2012 @ 3:55pm

    Re: Re:

    slacker525600 said: "in all seriousness, the internet is a series of tubes."
    Is it? I thought it was a series of interconnected servers and computers, but what would I know?

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Special Affiliate Offer

Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.